ISLAMABAD:The Supreme Court on Monday accepted the bail plea of accused allegedly involved in smuggling of around 3.5 kilograms of hashish.
A two-member SC bench comprising Justice Qazi Faez Isa and Justice Yahya Afridi heard the post-arrest bail plea filed by Muhammad Saqib.
The Khyber Pakhtunkhwa Police had arrested Muhammad Saqib from Kohat with 3.5 kg of hashish.
During the course of proceedings, the court expressed annoyance on prosecution over lack of evidence.
Justice Qazi Faez said that the innocent were punished and the real culprits were acquitted due to the shortcomings of the prosecution. No one saw the flaws of the prosecution but everyone complained to the court, he added.
He observed that police claimed in the First Information Report (FIR) that accused was booked with 3.5 kg hashish during search at a random check post. He asked why did not the police make videos of the accused during search operation at such check posts? He asked what would happen if an accused denied that he was not present at the scene? Every policeman had a mobile phone, he added.
He asked had the Ministry of Interior not been informed that everyone had mobile phone? He said that he did not understand why pictures of the accused were not taken at such check posts.
He asked did the prosecution leave a mistake to help the accused? He asked was it the job of the prosecution to dodge the courts? Nowadays, even a two-year-old child had started using mobile phone, he added.
He noted that police seized hashish at a random check post and without any prior information. The policeman was so experienced that he could not use a mobile phone, he added.
He observed that police filed a challan against the accused but did not give details of the owner of the vehicle.
The state prosecutor said that the excise department had been written to provide the details of the owner of the vehicle. Upon this, Justice Isa asked excise department was in Pakistan or in England which details had not been received yet.
He asked whether case was filed against Excise Department for not providing details?Surprisingly, the excise department was not responding to the police, he added.
The court after hearing the case accepted the bail plea after submission of Rs 0.2 million surety bond.